shibin contends first that he did not “commit the crime of piracy,” as charged in Counts 1 and 7, because, “according to statutory text, legislative history, and international law, [he] could only be convicted of aiding and abetting piracy if the government proved that he was on the high seas, and while on the high seas, facilitated piratical acts.”
The government observes that there is no dispute that the piracies in this case occurred on the high seas beyond the territorial waters of Somalia, which are generally defined as the waters within 12 nautical miles of the coast. It contends that Shibin is liable as a principal in those piracies, even though he did not personally venture into international waters, because he “intentionally facilitated” and thereby aided and abetted the piracies. The government argues that liability for aiding and abetting piracy is not limited to conduct on the high seas, explaining: